Decisions

Every decision we've summarized — searchable, filterable, neutral.

Nov 25 2024
2nd Cir. 22-978 Panel Decision

Thompson v. Booth

The Second Circuit vacated a default judgment against a corrections officer, ruling that the district court abused its discretion by awarding damages while dismissing identical claims against co-defendants for failure to exhaust administrative remedies. Applying the prohibition on inconsistent judgments, the court held that a plaintiff cannot prevail against a defaulting defendant when the same legal bar precludes the claims against litigating co-defendants.

Antitrust (Criminal) Civil Rights - PLRA / Prisoner Civil Rights - Section 1983 Criminal
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Nov 13 2024
9th Cir. 23-114 Published

JOSE ERNESTO ALEMAN-BELLOSO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit reversed the Board of Immigration Appeals' denial of asylum and Convention Against Torture relief for a Salvadoran church leader, holding that substantial evidence compelled a finding that his persecution was motivated by his political opinions. The court remanded the case for the Board to determine if influential lay ministers constitute a cognizable particular social group and to reassess the risk of future torture given the FMLN's continued government influence.

Civil Immigration (Civil)
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Nov 13 2024
2nd Cir. 22-1801 Per Curiam

New Yorkers for Religious Liberty, Inc. v. City of New York

The Second Circuit affirmed the dismissal of facial challenges to New York City's COVID-19 vaccination mandate for public school employees, ruling the policy neutral and generally applicable. However, the court vacated and remanded the dismissal of as-applied religious exemption claims for two plaintiffs, requiring the district court to evaluate whether their denials improperly judged the nature of their beliefs.

Civil Civil Rights - Employment
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Nov 13 2024
2nd Cir. 22-1876 Per Curiam

New Yorkers for Religious Liberty, Inc. v. City of New York

The Second Circuit affirmed the dismissal of facial challenges to New York City's COVID-19 vaccination mandate for school employees, applying rational basis review. However, the court vacated and remanded the dismissal of as-applied claims for two plaintiffs, finding the district court erred by not applying strict scrutiny to the denial of their religious exemptions.

Civil Civil Rights - Employment
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Nov 13 2024
2nd Cir. 23-700 Panel Decision

Peterson v. Bank Markazi

The Second Circuit affirmed in part and vacated in part, holding that the district court lacked subject matter jurisdiction over the turnover claim against Bank Markazi but possessed personal jurisdiction over Clearstream. The court further ruled that while Section 8772 is constitutional, the district court erred in granting summary judgment without first determining asset ownership under state law.

Bankruptcy Civil Summary Judgment
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Nov 13 2024
2nd Cir. 23-614 Panel Decision

Peterson v. Bank Markazi

The Second Circuit affirmed the district court's exercise of personal jurisdiction over Clearstream and the constitutionality of 22 U.S.C. § 8772, but vacated the summary judgment against Bank Markazi. The court held that the district court lacked subject matter jurisdiction over the turnover claim against Bank Markazi and erred by failing to apply state law to determine ownership interests in the assets.

Bankruptcy Civil Summary Judgment
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Nov 13 2024
2nd Cir. 21-569 Panel Decision

The Art & Antique Dealers League of America, Inc. v. Seggos: The Art & Antique Dealers League of America, Inc. v. Seggos

The Second Circuit held that New York's ban on physically displaying ivory for sale constitutes a content-based restriction on commercial speech subject to strict scrutiny. The court found the state failed to prove the ban was narrowly tailored, as less restrictive alternatives were available to prevent illegal sales.

Constitutional First Amendment - Speech Summary Judgment
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Nov 8 2024
9th Cir. 2:17-cr-00661- Published

UNITED STATES OF AMERICA v. JULIAN OMIDI

The Ninth Circuit affirmed a nearly $100 million forfeiture judgment against Julian Omidi and his business for a health care fraud scheme. The court rejected the argument that a '100% Fraud Rule' applies, holding that all proceeds derived from the fraud must be forfeited even if some legitimate transactions contributed to those proceeds.

Criminal Fraud
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Nov 6 2024
2nd Cir. 22-2650 Panel Decision

Flynn v. McGraw Hill LLC

The Second Circuit vacated the dismissal of a breach-of-contract claim against McGraw Hill, ruling that the publisher's 'own expense' clause was ambiguous regarding digital distribution costs. While affirming the dismissal of claims related to 'net receipts' definitions, the court remanded the case to allow authors to proceed with allegations that the publisher shifted publishing expenses to them.

Civil Insurance
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